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1986-05-1366 May 13, 1986 MINUTES - MOUND CITY COUNCIL - REGULAR MEETING MAY 13, 1986 The City Council of Mound, Hennepin County, Minnesota, met in regular session on Tuesday., May 13, 1986, at 7:30 PM, in the Council Chambers at 53+1 Maywood Road, in said City. Those present were: Mayor Bob Polston, Councilmembers Phyllis Jessen, Gary Paulsen, Russ Peterson and Steve Smith. Also present were: City Manager Edward J. Shukle, Jr., City Attorney Curt Pearson, City Engineer John Cameron, City Planner Mark Koegler, Building Inspector Jan Bertrand and Acting City Clerk Linda Strong. The following interested persons were also present: Larry Connolly, Cheryl Grand, Riehard Payne, Mary O~Hara, Duane Barth, Andrew Mahoney, Scott Danielson, Rick Lebra, Cheryl Lebra, Kim Yilek, Todd Yilek, Everett Junge, Suzanne Schmidt, Stephen Schmidt, Bill Merriam, Nancy Merriam, Ron Johnson, Hank Roelof s, John Thoresen, Rod Larson, Pam Swih.art, Frank Aherns, Jeanette Gellman, Larry Beno, Judy Soukup and Audrey Evans. The Mayor opened the meeting and welcomed the people in attendance. He mentioned the deletion of item 4~7, 9 and 12 from the agenda. He also mentioned the addition of items to be discussed .at the end of the agenda. MINUTES The Minutes from the April 29, 1986, Regular Meeting were presented for consideration. MOTION made by Peterson, seconded by Paulsen to approve the _ Minutes of the April 29, 1986,. Regular Meeting as presented. The vote was unanimously in favor. Motion carried. PUBLIC ~HEARING• ISSUANCE OF A CONDITIONAL USE PERMIT ESTABLISHING A PLANNED DEVELOPMENT AREA AND APPROVAL OF A PRELIMINARY PLAT FOR COOKS BAY ESTATES, LOCA ED IN THE 2900 BLOCK OF THE HIGHLANDS (PID ~2~-117-2~4 41 0017) The Mayor asked the City Planner, Mark Koegler, to present this item. He explained that Creative Developers, Inc., wanted to construct eight single family detached homes, on lots ranging in size from 6,260 sq. ft. to 8,10+ sq. ft. on two acres of land, with a common outlot of 31 ,941 sq. ft. The frontage of the plat facing Highland Blvd. on the west and the outlot on Lake Minnetonka to the east. The proposed site plans shows the eight family units sharing four common driveways. Side yard variances and lot width variances will be required if constructed. There are some compromises stated by the Planning Commission. If the Council finds the proposal favorable, there are nine conditions to be considered. The Mayor introduced Duane Barth, the 67 May 13 , 1986 developer of Cooks Bay Estates. Mr. Barth stated that by looking at the site impact and doing a considerable market study of the neighborhood, the price range of the proposed homes is in a comparable range. The plan as proposed, would preserve the shoreline by having only one stairway to one main dock. He then presented a second option to the Council, which meets the ordinances and~lot size requirements. Option two provides seven lots. However, there would be much more grading required, more trees removed and a large cul-de-sac feeding the driveways for the seven homes. He described the modifications to this plan. The Mayor asked Mr. Barth if this was a new plan and if it had been introduced to the Planning Commission. Mr. Barth said that this was just another option to consider if the first one is denied. The Mayor opened the Public Hearing and asked if there was anyone present who wished to speak for or against the item. John Thoresen, 5845 Fairfield Rd.: The units are too close together, the present business (daycare) would still operate during the construction of the outside units causing dangers for the children at the daycare facility. Pam Swihart, 2896 Highland Blvd.: Fewer home units would be more acceptable to the neighborhood and would fit in better. Larry Beno, 2885 Highland Blvd.: The vehicle traffic is heavy there already. Rod Larson, Bill Merriam, Jeanette Gellman, Sue Schmidt, Bonnie Bierbaum, neighbors of proposed project, agreed with the reasons mentioned for the Council to deny approval. The Mayor closed the Public Hearing. The Mayor asked the City Attorney to state the reason for Public Hearings. Curt Pearson, City Attorney explained that the application presented is for a Planned Development Area, which is a special provision of the code. The application for Conditional Use Permit does require the developer to spell out all details of the project. The ordinance allows cluster platting, homeowners association, park dedication. The application as presented is proper by this ordinance. Option two from the developer is not a PDA, and the Council would have less input. The reason for thePublic Hearing was for the people in the affected area to have an input. The Mayor interjected that the developer does have the right to develop his property and . that if the original plan was denied, the developer could use option ~~2 with little public input. There was discussion by the Council. The Council asked if the neighbors could meet again with the developer to possibly reduce the unit count to six. Mr. Barth agreed to meet again. John Thoresen stated that had been discussed previously. Mr. Thoresen said the neighborhood would meet again with Mr. Barth if there k*as a staff or Council person present at the meeting. 68 May 13, 1986 MOTION made by Smith and seconded by Paulsen to table and to resubmit to the Planning Commission the two proposals for Cook's Bay Estates, as presented by Duane Barth. The vote was 3 in favor with Peterson voting nay. Motion carried. Gouncilm ember Jessen stated that with only two acres available to build on, it was not feasible for eight homes. Building on seven lots would lose lakeshore. Six straight lots would economically be the. best approach. MOTION by Polston and seconded by Smith that the City Planner and the City Engineer and the Building Inspector be directed to meet W ith the neighborhood group and the developer to try and work out a compromise plan that would work within the area. The vote was unanimously in favor. Motion carried. PUBLIC HEARING• VARIANCE, CONDITIONAL USE AND A PRELIMINARY PLAT. FOR SETON PLACE, LOCATED ON LOTS 7, 8 AND q, BLOCK 29 AND PART OF LOT 6, BLOCK 18, SETON (48XX WILSHIRE BLVD , PAD X24-227-24 ~ 00~7l00~8). The Mayor asked City Planner, Mark Koegler, for a summary of this item. The property was rezoned to R-3, w hieh allows the twin home usage. The property as proposed, will be divided into six lots with three structures containing three twin home buildings. As proposed, the project will require the issuance of front yard variances for .units on lots 3 and 4 and side yard variances along . the common lotlines between lots 2 and 3 and between lots 4 and 5. The proposal conforms to the Mourrd Zoning Code, except for these requested variances. The front yards of lots 3 and 4 contain a MWCC lift station. This lift station lies directly out of the front door of the third home. If the lift station ever -needs maintanence, the front yards of lots 3 and 4 would have to be completely torn up. To alleviate this situation, the Planning Commission may want to consider asking the applicant to move the building. on lots 3 and 4 to establish a 28 to 30 foot rear yard setback, thereby increasing the area in front of the property. The staff and Planning Commission does recommend approval with that modification and subject to the seven conditions listed in the staff report. The Nayor presented a petition that was submitted to the Council with 10 signatures in opposition. MOTION made by Paulsen and seconded by Jessen to accept the petition. The vote was unanimously in favor. Motion carried. The Mayor introduced Mr. Dick Smith, developer of Seton Place. He described the homes as true colonial configuration, with no basements because of the water level. The living space w ould be pulled back from the side lot lines another nine feet over the garage. The Council discussed this item with Mr. Smith. He 69 May 13 , 1 986 plans to screen the lift station area. Paulsen asked the staff to look at the petition. The Mayor opened the Public Hearing asking if anyone present would like to speak in favor or against the Conditional Use Permit for Seton Place. Mary O'Hara, X843 Wilshire, stated that there is an odor from the lift station. Bernard Lister, 2721 Tyrone Lane, lives next door to the development, wondered how much of the hill would be removed to build and would water runoff be affected. Mr. Smith said there would be no change to the watershed. Mr. Smith stated lot size would be 6,000 square feet of dry land. The marsh behind the development would not be disturbed. Mr. Smith said there was a channel to the lake, however no docks were in the planning. The Mayor closed the Public Hearing and turned the item to the Council. The petition was discussed with the City Planner and the Council. Paulsen said the center building should be moved back to allow room for access to the lift station. Jessen commented that the lots were too small to support three twin homes. Peterson suggested amending the resolution to remove the side yard variances. The City Planner briefly clarified what the resolution states. It does list the side yard variances that had been .discussed being removed. It also states that in lots 3 and 4 that the rear yard variances that was talked about should be approved provided it's reviewed and approved by the LMCD. The way the resolution reads is that if the LMCD does not approve that and the Planning Commission that offered this recommendation, it would have to com a back to be reviewed by the City before any variances would be permitted. It is either all or nothing the .way its written right now. This should be clarified. MOTION made by Peterson and seconded by Polston to amend the r. esolution to delete the side yard variances. The vote was 3 in favor with Jessen and Paulsen voting nay. Motion carried. Mr. Smith said that leaves him to build a standard tuck under singe garage. Jessen suggested building two units instead of three. Mr. Smith felt .three twin units would be better architecturally. Peterson said if Council approves this three foot side yard variance, then there would be more requests for this type of variance in the future from other developers. Mr. Smith felt that it was best to stay away from the lake. He said that the house in the middle of the lots will stop the snowmobile entrance onto the lake. Peterson moved and Polston seconded the following resolution: 70 May 13, 1986 RESOLUTION #86-53 APPROVING A PRELIMINARY PLAT, CONDITIONAL USE PERMIT AND VARIANCES FOR A 6 LOT SUBDIVISION OF LOTS 7, 8, ~ 9, BLOCK 29 AND PART OF LOT 6, BLOCK 18, SETON, PID NUMBERS 24-227-24 14 0037/0038/0039/0013, AS AMENDED TO DELETE THE ALLOWANCE OF SIDE YARD VARIANCES. The vote was 4 in favor with Jessen voting nay. Motion carried. PUBLIC HEARTNG• PROPOSED AMENDMENT TO YEAR XI COMMUNITY DEVEL- OPMENT BLOCK GRANT FUNDS (CDBG) The City Manager introduced this item. During Year XI, some of the money has been used. Apparently there has been a miscommunication with some of the local businesses. Some of the people were not aware there was a Pbblic Hearing. The proposed resolution was to upgrade part of Lynwood Boulevard between Belmont Lane and the point where trucks will enter to and from the Balboa parking lot and that part of Fairview Lane between County Rd. (~15 and the Dakota Railroad. The reason being that the loading docks will be used all year by Balboa and the load limit on these roads is only 5 ton and needs to be upgraded to 9 ton. The estimated cost to be $53,000. Balboa is interested in improving the roads. Hennepin County and the Department of Housing and Redevelopment has granted preliminary approval to amend the Block Grant Program, allowing approximately $40,000 to . go to this project, with the balance to be paid by Balboa. The City Manager has spoken to Balboa regarding this . miscommunication. He proposes to delay the resolution for 30 days to give the local businesses time to apply, continuing the Public Hearing on June 10, 1986. This is an economic development project which revitalizes the former Tonka Toys building and is important for the City and the tax base, that is why HUD approved this grant. On the other hand, the City has the funds available to local businesses and if they were not aware of this hearing, they should be given a chance to apply also. The City Manager then asked that Mr. Dan Tyson, Balboa~s attorney, and Mark Lundgren with Balboa be allowed to make their presentation tonight. Dan Tyson spoke in favor of the resolution. The street improvement is a requirement of the redevelopment of the building. Balboa has invested money into the building thus offering many jobs for the community. The truck access was anticipated when other improvements were approved. John Cameron, City Engineer, commented that this was brought up at the December 17, 1985 meeting, that this would be discussed with Balboa as the project developed. The Mayor opened the Public Hearing asking if there was anyone present wishing to speak in favor or against this item. 71 May 13 , 1986 Larry Connolly felt that this information was not mentioned specifically in the public notice. Three businesses were unaware that there was any money left in this fund to apply for. He had no objection to Balboa using the funds. He felt time should be given to the community businesses to respond to this notice. The Mayor closed the Public Hearing. MOTION made by Jessen and seconded by Paulsen to continue the Public Hearing until June 10, 1986, regarding the decision to reallocate Year XI Mound/Urban Hennepin Community Development Funds. The vote was unanimously in favor. Motion carried. PUBLIC HEARING: INPUT ON 1987 BUDGET The Mayor opened the Public Hearing and asked if there was anyone present who has input to the Budget for the City Council on proposed new services or reduction in services for 1987. Larry Connolly stated how much the spring clean up was missed by the people in his area. If funds would become available, this clean up should be reinstated. The Mayor said the clean up was dropped due to no funds from Federal Revenue Sharing, w hich funded this project. Frank Ahrens pr-assed the fire, police, road and snow removal services, hoping these services could remain at the same level. He questioned the over all cost of the recycling program and if there was a dollar return. He would like to see the budget stay within the inflation rate. He realized the high cost of insurance brought the budget up from prior years. Phyllis Jessen stated that the County Board has just passed a 16~ goal in recycling for each city within Hennepin County, this is going_to be required. The City of Mound has a 20% involvement. Russ Peterson stated that comments from citizens are always asked for and welcome at every Council meeting. _ The Mayor closed the Public Hearing. BID AWARD: 1986 STORM SEWER IMPROVEMENT - BEACHWOOD POND John Cameron, City Engineer, stated the low bid was from B & D Construction for $20,669.00. This is higher than the estimated cost of $18,230.00. The City has not worked with this company before, but in contacting other engineering firms, have received good reports on projects completed by B & D in Navarre and Shorewood. Paulsen moved .and Peterson seconded the following resolution: 72 May 13, 1986 RESOLUTION 86-54 RESOLUTION TO APPROVE THE LOW BID OF $20,669. FROM B & D CONSTRUCTION FOR STORM SEWER IMPROVEMENTS, BEACHWOOD POND. The vote was unanimously in favor. Resolution passed. ~tEOUEST FOR AN EXTENSION ON VARIANCE FOR LOTS 1 & Q., HIGHLANDS - GARY HEINES. Mayor Polston moved and Councilmember Smith seconded the following resolution: RESOLUTION #86-55 RESOLUTION GRANTING A FAMILY UNIT HIGHLANDS, TO EXTEND RESOLUTION #85-59, VARIANCE FOR BUILDING A SINGLE ON LOTS 1 AND 9, BLOCK 13, THE PID #23-117-2~+ 31 0050/0056. The vote was unanimously in favor. Resolution passed. RECOGNITION OF EXISTING NON-CONFORMING STRUCTURES RICHARD PAYN~ 479 KILDARE ROAD, LOTS 10 & 11, BLOCK 1~4, SETON, PID #19-117-2~ 0008/0009. The Building Inspector updated the Council on this item. In 1979 the Council approved a six inch street vacation to remove the existing home from public right-of-way. It was also approved at that time. to .construct a deck. Now Mr. Payne would like to . construct a 26' x 21' tuck under garage addition with a living area above it. The addition will be setback to the conforming 20 foot setback, conforming side yard setbacks. The Planning Commission agreed with staff recommendation that if Mr. Payne continued the use of the tuck under garage, that it be brought up to building code,. Mr. Payne would like item ~~1 in the resolution reworded "...the basement garage be brought up current building code requirement if the existing garage is used to park motor vehicles'!. The Planning Commission recommendation was the new addition proposed be constructed to meet current setback requirements. Smith moved and Peterson moved the following resolution: RESOLUTION #86-56 RESOLUTION TO CONCUR W ITH THE PLANNING COMMISSION APPROVAL TO RECOGNIZE AN EXISTING NONCONFORMING STRUCTURE FOR LOTS 10 AND 1 1 , BLOCK 1 ~, SETON, PID #19- 117-23 23 0008/0009 0+739 KILDARE RD), AS AMENDED. The vote was unanimously in favor. Resolution passed. SET DATE FOR PUBLIC HEARING TO CONSIDER MODIFICATION OF THE ZONING CODE TO ESTABLISH MINIMUM HEIGHT AND WIDTH REGULATION FOR 73 May 13 , 1986 MOTION made by Jensen, seconded by Paulsen to set June 10, 1986, for a public hearing to consider modification of the Zoning Code to establish minimum height and width for housing. The vote was unanimously in favor. Motion carried. ('nMMFNTS AND SUGGESTIONS FROM CITIZENS PRESENT Larry Connolly rementioned to give more definition as to what public hearings are about so the community understands. The Mayor stated that the papers cover items very well, and it is difficult to reach the people, if they don't read the Laker. ~„REE REMOVAL LICENSE - ROBERT F. DAHLKE NOTION made by Smith and seconded by Peterson to authorize the issuance of tree removal license to Robert F. Dahlke. The vote was unanimously in favor. Motion carried. Robert & LaDonna Dybing, 1737 Canary Lane Amdrew Brookman Mahoney, 4645 Island View Drive Michael Blunt, 4771 Island View Drive , Jensen moved and Smith seconded the following resolution: RESOLUTION X86-57 RESOLUTION TO APPROVE THREE MAINTENANCE PERMITS AS PRESENTED. The vote was unanimously in favor. Resolution passed. PAYMENT OF BILLS The bills were presented for consideration. MOTION made by Paulsen and seconded by Peterson to approve .the payment of bills presented on the pre-list in the amount of $111,200.51, when funds are available. A roll call vote was unanimously in favor. Motion carried.- SET DATE FOR A PUBLIC HEARING ON THE VACATION OF A PORTION OF CRESENT ROAD,. SUGGESTED DATE• JUNE 10, 1986. MOTION made be Peterson and seconded by Paulsen to set June 10, 1986, for Public Hearing to vacate a portion of Cresent Road. The vote was unanimously in favor. Motion carried. RECONSIDERATION OF RESOLUTION #85-121 The Building Inspector explained. The resolution ~~85-121, as it is written, does not clarify which building should be removed and which building should be brought up to which code. Mr. Thompson has a permit now to bring the existing garage up to building 7~ May 13, 1986 code. Clarification is needed from the Council before Mr. Thompson can proceed with the work on the garage. The Mayor directed staff to research this item for clarification, and return with the information at the May. 27, 1986 meeting. INFORMATION/MISCELLANEOUS A. Information from City Clerk on Cost of Mailing notices on Maple Hill Estates - Rezoning in Minnetrista. B. Dock Inpsector Report Dated May 8, 1986 C. Planning Commission Minutes of April 28, 1986 D. Letter from Edward T. Lehman, Mound, E. Notice of Association of Metroploitian Municipalities Annual Meeting to be held Wednesday, May 21, 1986, in St. Paul. F. School District 277 Meeting, Minutes of April 1986. G. IIepartment Head Monthly Reports for April, 1986 H. REMINDER: Annual League of Minnesota Cities (LMC) Conference, June 17-20, 1986, Duluth. I. Consultant Proposals on Lost Lake Market Analysis - The City Manager asked the Council if there was any interest in attending the Association of Metropolitan Municipalities Annual Meeting, on Wednesday, May 21, 1986. There was no interest from the Council. The City Manager also mentioned the Annual League of Minnesota Cities (LMC) Conference, on June 17, 1 986. Phyllis. Jessen and Bob Polston said they would like to attend. The City Manager commented about the proposals that were passed out tonight on the Lost Lake Market Analysis. He asked the Council and staff to study these proposals at home and be prepared to discuss them at the next Council meeting. Mayor Bob Polston made the announcement that he will not be a candidate for Mayor or City Council or any other public office this fall. MOTION made by Peterson and seconded by Smith to adjourn at 10:06 PM. The vote was unanimously in favor. Motion "carried. ~ ~ _ Edward J. S ~~ ~=-~, Linda Strong, Acting ty Clerk e, Jr. pity Manager 1 BILLS------- MAY 13, 1986 Batch 864043-----Computer run dated 5/3/86 Batch 864044-----Computer run dated 5/g/86 Total Bills 40,271.44 70,929.07 111,200.51 ~~t ,!.~